SPECIAL CONDITIONS TO OFFER AND ACCEPTANCE Stage 7 - DP

Transcription

1 SPECIAL CONDITIONS TO OFFER AND ACCEPTANCE Stage 7 - DP Any terms conditions or provisions of this contract (Including Annexures A,B,C,D & E) which are not satisfied or fulfilled on the settlement date shall not merge in the Transfer of Land and shall continue to apply and be enforceable against the Buyer. 2. The Buyer covenants and agrees with the Seller that so long as the Seller remains registered as the proprietor of any land adjoining the boundary of the land that the Buyer shall not make any claim against the Seller for any contribution to the cost of any dividing fences or walls. 3. The Buyer/s acknowledge and agree that the Sellers Agent may from time to time release details of the Buyers name and address to any person who, in the reasonable opinion of the Sellers Agent has bona fide and reasonable cause to make such enquiry of the Sellers Agent. 4. The purchase price is inclusive of GST. The Seller and Buyer agree that the GST Margin Scheme, pursuant to Division 75 of the A New Tax System Goods and Services Tax (Act) 1999, will be applied in calculating any GST payable by the Seller. The Buyer acknowledges it will not be entitled to claim an input tax credit on any GST paid in respect of the Purchase Price. 5. The Buyers acknowledge that the following notifications or restrictive covenants will be placed on the Certificate of Title of the proposed lot : i) This lot is situated in the vicinity of Busselton Airport, and is currently affected, or may in the future, be affected by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in the number of aircraft using the airport, changes in aircraft type or other operational changes. Further information about aircraft noise including development restrictions and noise insulation requirements for noise affected properties are available on request from the relevant government offices (Pursuant to Section 165 of the Planning and Development Act 2005) i iv) This lot is in close proximity to known mosquito breeding areas and the Predominant mosquito species is known to carry viruses such as Ross River and other diseases (Pursuant to Section 165 of the Planning and Development Act 2005) Landfill has been placed on the lot, or the lot has been identified as requiring a geotechnical report which has been prepared and which provides a general site classification for the subdivision area. The nature of undertaking bulk earthworks and the variability of insitu soil conditions means the general classification cannot be guaranteed of individual lots. Further soil investigations will be required prior to housing design as the site classification may affect the design footings and the issue of a building licence for each individual lot. Determination of lot specific site classification for the purposes of footing and slab design remains the responsibility of the individual lot owner who should be aware that lot site classification may be different to the general site classification by the geotechnical consultant at the time of the subdivisional development (Pursuant to Section 70A of the Transfer of Land Act 1983, as amended) This lot may be within 100m of Vasse Highway and/or the future Busselton Outer Transport Corridor and the amenity of the lot may be affected by current or future traffic noise (Pursuant to Section 70 of the Transfer of Land Act 1983, as amended)

2 INITIAL HERE 6. The Buyer is aware that the soil classification relating to the Property may affect the extent and costs and site works and footings for residences to be constructed on the Property. The Buyer should make their own enquiries with the local authority and their builder to ascertain whether there may be additional costs involved in construction of a residence or other improvements on the Property due to the soil classification of the land. 7. Building Plans: Two sets of plans must be submitted to the developer (D.J MacCormick Property Group, Ground Floor, 200 Adelaide Tce, East Perth WA 6000) prior to plans being submitted to the Shire of Busselton under the standard approval process. The developers will review the plans for compliance with the Restrictive Covenants and if considered to comply will return an approved set of plans to the buyer. If the property is sold by the Buyer prior to a residence being constructed on the Property then the Buyer will ensure that a special condition is inserted in the Contract for Sale specifying that building plans must be submitted to the Developer prior to plans being submitted to Shire of Busselton under the standard approval process. Signed by the parties Buyer Buyer Witness Witness Date Date Seller Witness Date

3 ANNEXURE A VIA VASSE ESTATE Restrictive Covenants The Transferee covenants with the Transferor: 1. Not to construct, erect or install or permit to be constructed, erected or installed on the land hereby transferred ( the land ) a) Any residence or any alteration or addition for a residence unless the plans and specifications for the residence or improvements have been : i) First submitted in duplicate to DJ MacCormick Property Group, Ground Floor, 200 Adelaide Terrace, East Perth or their nominated representative and have been approved; and Approved by Shire of Busselton. b) Except for Lot 720 a residence with a total floor area of less than 140 square meters inclusive of external walls but exclusive of carports, garages, verandahs and other unenclosed areas. c) In respect of Lot 720 only, a residence with a floor area of less than 100m2 inclusive of external walls but exclusive of carports, garages, verandahs and other unenclosed areas. d) A residence, unless it incorporates a monolithic slab construction. e) A residence which : i) Incorporates a skillion roof with a pitch of less than 12 degrees ; i iv) Incorporates a curved roof with a pitch of less than 12 degrees at its highest point; Incorporates a pitched roof with a pitch of less than 25 degrees ; or Incorporates a roof of a colour which does not comply with Shire of Busselton policy requirements; v) Does not incorporate eaves to all habitable rooms which comply with the Building Code of Australia 2006 Volume 2 for domestic housing. f) A residence which does not contain a carport or garage which: i) If not located under the main roof of the residence is not constructed of new materials compatible with the residence; or Does not make provision for parking of at least two motor vehicles side by side. INITIAL HERE _

4 2. NOT to construct, erect or install or permit to be constructed, erected or installed on the land: a) A residence or any alteration or addition to a residence i) Using wall materials which are not either predominantly concrete, clay bricks, stone, rammed limestone, rammed earth, limestone, composite board, weatherboard with a minimum thickness of 9 millimetres or other similar material finished in face brickwork, miniorb, composite board or render, i iv) Using weatherboard, primeline weatherboard or similar which comprises greater than 50% of the area of any external walls. Using roof materials which are not either concrete or clay tiles, slate or colorbond metal or which do not comply with the Shire of Busselton policy requirements. Which is transported in whole or in part to the land or is a transportable residence. b) A residence, unless a driveway and the crossover between the road and the parking area on the land are constructed and completed prior to occupation of the residence. c) A driveway which is wider than 6 metres at the street boundary of the land, is less than 0.6 metres from any side boundary of the land or which is not constructed of brick paving, patterned concrete or bitumen. d) A residence, unless all ground areas which are visible from the street at the front of the residence or from any Public Open Space adjoining or near the land ( visible areas ) is properly landscaped within 6 months after completion of the residence. Properly landscaped means that all visible areas must be cleared and grassed, planted or otherwise covered with a beautifying surface. e) Subject to paragraph (f), any side boundary fence unless it i) Does not extend forward of the building set back line ; i It is not less than 1500mm in height ; and Is colorbond or similar with smooth cream colour panels and capping (railing) and any posts are to be in a colour approved by the Transferor. f) Any other fence which : i) extends forward of the building set back line; i is less than 1500mm in height; or does not match or compliment the residence. g) A residence, unless all side and rear boundary fencing is constructed and completed at the same time as, or prior to, occupation of the residence. h) A letterbox which is not located adjacent to the driveway on the land, or in accordance with the development area plans, is not clearly numbered or does not match or complement the residence.

5 i) An air conditioner or evaporative cooler, unless i) contained wholly within the residence; or it is located on a side elevation of the residence, is installed below the ridge of the roof and is of similar colour to the roof; or INITIAL HERE i contained within the roof space between the ceilings of the residence and the underside of the roof of the residence. j) Any outbuildings, unless the outbuildings comply with Shire of Busselton requirements and the outbuildings otherwise match or complement the residence. k) A solar hot water heater, unless is located on the side or rear elevation of the residence, fits the roof profile and is not elevated at an angle to the roof profile (except for rear elevation location only) and otherwise matches or complements the residence. l) A clothes line or rain water tank except in accordance with the manufacturer s instructions and unless it is screened from public view from the street at the front of the residence. m) A television and radio antenna and satellite dish unless contained wholly within the residence or within the roof space between the ceiling and roof of the residence or, in the case of satellite dish, does not exceed 600mm in diameter, and is not located on the front elevation or above the roof line of the residence. 3. NOT to park or allow to be parked on the land or on the road or on any other land near to or next to the land, any commercial vehicles (being vehicles which have an aggregate weight greater than 3.5 tonnes or a height greater than 2.0 metres), caravans, trailers, boats or any other mobile machinery ( vehicles ) unless the vehicles are housed wholly in accordance with the requirements of the Shire of Busselton. 4. That where retaining walls or fences have been erected on any of the boundaries of the land by the Transferor, NOT to alter or remove any of the retaining walls or fences, NOT to allow or permit the retaining walls or fences to fall into a state of disrepair and NOT to repair or renew such retaining walls or fences except in the same style and colour as the existing retaining walls or fences. 5. That if retaining walls or fences have been erected on any of the boundaries of the land by the Transferor, NOT to alter the level of the surface of the land by elevating the level by more than 300 millimetres. 6. NOT to erect or display or cause to be erected or displayed on the land any sign hoarding or advertising of any description whatsoever other than a sign erected by a builder of the residence in accordance with the Builders Registration Act during the period of construction of the residence or a FOR SALE sign, which may be erected or displayed after a period of four years from the date of first issuing of a Certificate of Title for the land or if a residence has been constructed on the land and is occupied. The Transferee must not prohibit and hereby gives an irrevocable authority to the Transferor and its servants and agents to enter the land for the purposes of removing any sign erected in breach of this covenant. 7. NOT to use or open or allow to be used or opened, any residence erected on the land, for display purposes unless the land has been sold to the Transferee by the Transferor for that purpose. 8. For the purposes of these restrictive covenants: (1) Habitable room means a room used for normal domestic activities, and

6 (a) (b) Includes a bedroom, living room, lounge room, theatre room, kitchen, dining room, study, playroom & family room, Excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, clothes-drying room, and other space of a specialized nature occupied neither frequently nor for long periods. (2) Transferor means Mary Donald Nominees Pty Ltd (ACN ) of Ground Floor, 200 Adelaide Terrace, Perth INITIAL HERE 9. Not to remove any street trees provided by the developer to enhance the streetscape the suburb. 10. The Seller s Restrictive Covenants cease to have any effect from 4 th June That the burden of these Covenants shall run with each lot on the plan or diagram of subdivision for the benefit of every other lot on that plan or diagram. The Covenants shall be enforceable against the Transferee and every subsequent registered proprietor for the land, by the Transferor and every subsequent registered proprietor of any other lot on the said plan or diagram of subdivision. 12. The Transferor accepts no responsibility for enforcement of the restrictive covenants, but reserves the right to do so, so long as it is the registered proprietor of a lot on the relevant plan or diagram of subdivision. Signed by the parties Buyer Buyer Witness Witness Date Date Seller Witness Date

7 ANNEXURE C Lot PROVISIONS RELATING TO THE SUBDIVISION The following provisions shall apply if at any time this offer is accepted the subdivision of the Via Vasse Estate has not been completed and the proposed lot to be purchased hereunder is not yet a lot a defined in the Planning and Development Act (a) (i) Subject to clause (a)(i the dimensions area boundaries and description of the land shall be those shown in diagram or plan of subdivision approved by the West Australian Land Information Authority ( Landgate ) and indicated on the Certificate of Title for the land and if there is any discrepancy between such dimensions, area boundaries and description to those shown on the sketch plan attached hereto, compensation shall not be claimed or be payable by either party or to the other ; and ( Subject to clause (a)(i the land shall be purchased subject to all such sewerage and drainage easements which shall be required by any local or other governmental body or authority as a condition of the subdivision of the Via Vasse Estate. (i The Buyer acknowledges and agrees that : (1) As at the date hereof, some engineering detail in respect of the land hereby sold ( the land ) is unknown. It is possible that a local or other governmental authority will require part of the land for a light pole easement or a padmount site. (2) If a light pole easement ultimately encumbers the Certificate of Title or a padmount site is created which reduces the area and dimensions of the land, the Seller (or the Seller s agent) will give written notification to the Buyer giving full details thereof and advising the Buyer that the Buyer may within seven days of receiving the written notification terminate the contract. (3) If the Buyer elects to terminate this contract then the deposit paid by the Buyer will be refunded however, the Buyer agrees that there will not be any claim for compensation in respect of the termination of the contract and neither party will have any other rights against the other. (4) If the Buyer fails to give written notification to the Seller or the Seller s agent to terminate the contract within the seven day period, then the Buyer will be deemed to have accepted the encumbrance and / or reduction in the area and dimensions of the land and agrees that no compensation will be payable in respect of such reduction in area neither party will have any other rights against the other.

8 (b) (c) The Buyer must not lodge any caveat against the land at any time before the date on which a separate Certificate of Title for the land issues from Landgate and in order to more effectively enforce this condition the Buyer hereby appoints the Seller the attorney of the Buyer to sign or execute for any on behalf of and as the act of the Buyer in breach of this Condition and to do all things necessary to lodge such withdrawal at Landgate at the cost of the Buyer. INITIAL HERE _ The Buyer agrees that if there is any delay in obtaining a separate Certificate of Title for the land hereby purchased, the Seller shall not be responsible to compensate the Buyer for any additional costs or expenses of whatsoever nature including those relating to any price increases pursuant to building contract entered into by the Buyer which may have been caused, whether directly or indirectly, by any such delay in obtaining the separate Certificate of Title for the property. (d) The Seller has made every endeavour to provide accurate information to the Buyer in respect of the Property and the subdivision of which forms part. The Buyer acknowledges that some information and engineering detail is preliminary and may be subject to alteration. The Buyer acknowledges and agrees that there is no compensation payable by the Seller to the Buyer for any error or omission in the information supplied to the Buyer. Signed by the parties Buyer Buyer Witness Witness Date Date Seller Witness Date

9 ACKNOWLEDGEMENT BY BUYER The Buyer ACKNOWLEDGES that; 1. The Seller will comply with all necessary requirements of Western Power to enable electrical power to be connected to the Property. 2. On the Settlement Date, Western Power may not have completed the connection of electrical power to the property. 3. The Buyer will pay the balance of Purchase Price on the Settlement Date even if Western Power has not completed connection of electrical power to the Property. 4. The Buyer will not make any claim of whatsoever nature against the Seller of the Seller s Agent in respect of any delay in Western Power connection electrical power to the Property. Signed by the parties Buyer Buyer Witness Witness Date Date Seller Witness Date

10 ANNEXURE D VIA VASSE ESTATE Lot FRONT GARDEN LANDSCAPING & AUTOMATIC RETICULATION, AND FENCING Subject to the Buyer completing the construction of a dwelling in accordance with the Restrictive Covenants and the Development conditions within eighteen (18) months from settlement but not otherwise. The Seller will: A. Procure for the Buyer the provision by a Contractor or Contractors nominated by the Seller of good quality water sensitive landscaping and reticulation works to the front of the Property (inclusive of the laying of instant turf to a proportion of the area between the road kerb and the front and side (if a corner lot) boundary of the Property. B. Procure for the Buyer the provision and erection by a Contractor or Contractors nominated by the Seller, of boundary fencing at the Property in compliance with the Restrictive Covenants. C. Note that the benefit of reticulation, landscaping and fencing is available for original lot purchasers and is NOT TRANSFERABLE Buyer Buyer Witness Witness Date Date

11 ANNEXURE E VIA VASSE ESTATE BUYER ACKNOWLEDGEMENT INTERESTS AND NOTIFICATIONS ON TITLE Lot If the Property is already a Lot as defined in the Planning and Development Act 2005 and the buyer agrees to purchase the Land subject to all sewerage and drainage or any other easements, restrictive covenants or title notification registered or to be registered on the Certificate of Title to the Land or otherwise affecting the Land. The Buyer acknowledges that the following encumbrances are or will be registered on the Certificate of Title to the Property: Restrictive Covenant (general) Notification re Mosquitoes & Ross River Virus Notification re proximity of Busselton Airport Notification re site classification Notification re proximity of Vasse Hwy and Busselton Outer Transport Corridor Buyer Buyer Witness Witness Date Date